Gopala Krishnan vs Annamalai

CMA No.1959 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-07-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH Civil Miscellaneous Appeal No.1959 of 2026 and C.M.P.No.15304 of 2026 Gopalakrishnan S/o.Ulaga Raj ..Appellant Vs Annamalai S/o.Late.Ganapathy ..Respondent Civil Miscellaneous Appeal filed under Order 43 Rule 1 (r) CPC against the impugned order dated 19.02.2026 in I.A.No.1 of 2026 in I.A.No.2 of 2023 in O.S.No.91 of 2025 on the file of District Court, Tirupattur. For Appellant : Ms.A.Vinolin for M.Sivavarthanan For Respondent : Mr.S.Gopinath ***** JUDGMENT This appeal has been filed by the defendant in the suit challenging the fair and decreetal order dated 19.02.2026 passed in I.A.No.1 of 2026 in I.A.No.2 of 2023 in O.S.No.91 of 2025 on the file of District Court, Tirupattur, wherein the application filed by the appellant under Order XXXIX Rule 4 CPC came to be dismissed. __________ Page1 of 6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/07/2026 05:49:39 pm ) CMA No.1959 of 2026 2. Heard learned counsel for appellant and learned counsel for respondent. 3. The respondent filed a suit in O.S.No.157 of 2023 before the Sub Court, Tirupattur, seeking the